Congress Worker Moves Madras High Court Opposing Premature Release Of Rajiv Gandhi Assassination Case Convict

Mr. M.A Muthalakan is the District President of South Chennai Central Congress Committee. According to him, his impleadment is necessary as otherwise no real and true facts will be placed by the State Government which is just and necessary to decide the bail petition.

Mr. Muthalakan states that subsequent to the assassination of Rajiv Gandhi and arrest and conviction of the accused, the convicts have filed several petitions for the past 30 years. He adds that since independence of India, no convict has approached the court of law as many times as the convicts of the Rajiv Gandhi Assassination case. He further adds that through continuous petitions, the convicts have obtained orders such as parole, commute of sentence etc.

He also draws attention to the order passed by the Supreme Court granting bail to another accused A.G Perarivalan without assigning the reason through the special powers of the court. He then states that in the present case the convict has not preferred any appropriate petition which straight away connects with the order of conviction, therefore, they cannot be considered on par with other accused A.G.Perarivalan. He adds that the order of the Supreme Court is not binding on every other accused/convict as they stand on a different footing.

He stated that the convicts were not just offenders of any other murder case but were to be construed as convicts of a murder conspiracy that had direct bearing on the Sovereignty, Security and Political Independence of India.

He added that considering the bail petition of convicts in such a heinous crime sends a wrong signal to the society and would be a wrong precedent.

Yesterday, the first bench had disinclined from hearing the bail application filed by Nalini. The court had asked under what provision a convict could seek bail.

"Supreme Court is Supreme. We are not. You should have approached the Supreme Court with the same relief, it would have granted it. We cannot grant it", the court had observed.

The matter shall be further heard on Thursday.

Case Title: S. Nalini v. The State of Tamil Nadu and Anr

Case No: WP 27936 of 2020 and WP(MD) 16658 of 2020